NEERAJA MEHRA Vs. RAKESH MEHTA

JUDGEMENT

(1.) This contempt petition seeks initiation of proceedings against the respondent/accused, an official of the Municipal Corporation of India (hereafter "MCD") for wilful and deliberate disobedience of the order of this court dated 1.10.2003 in WP(C)No.5422/2003. During course of hearing, the arguments were addressed in relation to the role of respondent No. 2 (hereafter "comtemnor/accused")

(2.) Briefly the facts are that the petitioner, owner occupier of C-126 Defence Colony, New Delhi, claimed that illegal constructions, in violation of provisions of the Delhi Municipal Corporation Act, 1957 (hereafter called "the Act"), Building bye-laws and other mandatory norms were carried out in the neighbouring plot, No.C-125. It was alleged that the MCD was lax in its implementation of the norms; as a result of its inaction, the sanctioned plan was not available at the site and the building was constructed in utter violation of building bye-laws. In her writ petition, (WP 5422/2003) filed on 25.8.2003, the owner occupier"s name was disclosed and it was also averred that the building activities were illegal.

(3.) On 27.8.2003, this court made the following order on the writ petition: